Publications

Cox & Palmer, Prince Edward Island, May 27, 2019 – The recent decision of McKenna v Stewart sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2, and that potentially raise a new cause of action. On Prince Edward Island, there is a two year limitation period for a claim arising out of a motor vehicle...

Cox & Palmer, Newfoundland & Labrador, May 27, 2019 – In Temple v. Aviva Insurance Company of Canada, the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance policy. In...

Blaney McMurtry LLP, Donati Maisonneuve, Kelly Santini LLP, Ontario, Quebec, May 17, 2019 – Click here to watch the webinar recording. Click below to download the slides. Litigation Process in Ontario & Quebec Ontario’s Common Law and Quebec’s Civil Law have significant differences in how claims make their way through the court system. In Part I of our ‘Boot Camp’ webinar series, we will cover the litigation process in...

Stein Monast, Quebec, April 23, 2019 – On March 13, 2019, Judge Chantale Lamarche of the Superior Court of Quebec ruled, in Cohen v. Lloyd’s Underwriters, on the duty of good faith on the part of the insurer and claims adjuster when processing a claim. Judge Lamarche also addressed the privileged nature of the communications between an insurer and its claims adjuster...